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NEW YORK LIFE INS. CO. v. OLLICH

No. 5488.

42 F.2d 399 (1930)

NEW YORK LIFE INS. CO. v. OLLICH.

Circuit Court of Appeals, Sixth Circuit.

June 27, 1930.

Attorney(s) appearing for the Case

A. D. Baldwin, of Cleveland, Ohio (Garfield, Cross, MacGregor, Daoust & Baldwin, of Cleveland, Ohio, on the brief), for appellant.

D. H. Wasserman, of Cleveland, Ohio, for appellee.

Before DENISON, MACK and HICKS, Circuit Judges.

MACK, Circuit Judge.

On May 10, 1928, Ollich, a resident of Cleveland, Ohio, made written application to the defendant insurance company through Greitzer, one of its soliciting agents, for a policy of life insurance and named his mother, the present plaintiff, as beneficiary. The policy applied for required a semiannual premium of $26.54. The application further provided (1) "that the insurance hereby applied for shall not take effect unless and until the policy is...

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